Essential Facilities under Construction? A Reflection on Public Policies concerning Next Generation Networks

The public policy discussion concerning next generation networks NGNs began in Europe in 2005, when the capacity of mobile networks was far lower than it is now, and has thus concentrated on fixed networks. Looking ahead, the discussion of access problems to NGNs should consider the competitive constraints arising from mobiles. This seems unlikely, as a peculiar «regulatory compact» comprising new entrants and highly skilled bureaucrats in the regulatory agencies has developed over the past decade. Such a compact, in Europe, seeks to apply to NGNs most (in the Italian case, all) the regulatory measures developed for copper. This increases risk and decreases investment: such an effect is already visible in the data.